Kava Management Regulations 1998

The Director may issue a licence under section 64 or 65 of the Act subject to any of the following conditions that the Director determines necessary or desirable in the circumstances of the licence:

in the case of a retail licence - that the sale of kava under the retail licence may only occur between the hours and on the days specified in the licence;

that the licensee must not conduct business under the licence except on the premises, by using the vehicles, with the number of employees or by the agents specified in the licence;

that the licensee, whether personally or by an employee or agent, must not transport kava into and within the Territory or a particular licence area unless as specified in the licence;

that the licensee must not hold a quantity of kava in stock that is more than the maximum quantity specified in the licence;

that the premises the licensee uses in conducting business under the licence must be maintained in a clean, serviceable and sanitary condition at all times;

in the case of a retail licensee - that the licensee must not sell kava to a person unless the person pays for the kava in cash and not by credit;

that the licensee must comply with the Act, these Regulations and the terms and conditions of the licence.

For the purposes of subregulation (1)(a), the hours and days that a retail licensee may sell kava are to be fixed by taking into account:

the size of the licence area in respect of which the licensee's licence is granted;

the number of person's ordinarily residing in the licence area and their distribution within the licence area; and

the wishes of the residents of the licence area regarding when kava may be purchased.

For the purposes of subregulation (1)(d), the maximum quantity of kava to be held in stock by a licensee is to be fixed by taking into account:

in the case of a wholesale licensee - the number of licensees who will be purchasing kava from the wholesale licensee;

in the case of a retail licensee - the number of persons ordinarily residing in the licence area in respect of which the licensee's licence is issued;

the manner and quantity in which and the intervals when the licensee will purchase or otherwise be supplied with kava to sell under the licensee's licence; and

the facilities available to the licensee for, and manner in which the licensee will be, storing kava held in stock by the licensee.